Sanjay Sah @ Ravi Sah @ Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28109 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -HABIBPUR District- BHAGALPUR ======================================================
1. SANJAY SAH @ RAVI SAH @ RAVI KUMAR son of Govind Sah, resident of Village Nauagarhi, P.S Rampur, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Das For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-07-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.
The prosecution case is of abducting the married daughter of the informant namely Rakhi Kumari. It is submitted by learned counsel for the petitioner that in 164 Cr.P.C statement the victim got her age recorded as 19 years when the Court assessed as such, where she stated that against her wishes earlier she was married with Gaurav Kumar Pandey on 28.05.2015 but he had illicit relationship with his sister-in-law(Bhabhi), hence she left her matrimonial house and married with the petitioner of her own on 21.02.2016. The 164 Cr.P.C statement of the victim girl negate the commission of the offence under Section 366 I.P.C. A statement has been made in para 3 of the
Patna High Court Cr.Misc. No.28109 of 2016 (2) dt.11-07-2016 2/2 petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Habibpur P.S. Case No. 09 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T